United India Insurance Company ... vs Smt. Bharati Sandeep Ranjane And ...
2022 Latest Caselaw 6158 Bom

P.H. Jayani                                  10(A) FA46.2018.doc

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIVIL APPELLATE JURISDICTION

                      FIRST APPEAL NO. 46 OF 2018

United India Insurance Company Ltd.                 .... Appellant
     v/s.
Smt. Bharati Sandeep Ranjane and ors.               .... Respondents

                                 WITH
                 INTERIM APPLICATION NO. 3765 OF 2019
                                  IN
                      FIRST APPEAL NO. 46 OF 2018


Smt. Bharati Sandeep Ranjane and ors.               .... Applicants

In the matter between :-
United India Insurance Company Ltd.                 .... Appellant
      v/s.
Smt. Bharati Sandeep Ranjane and ors.               .... Respondents


Mr. Rahul Mehta i/b. KMC Legal Ventures for the Appellant.
Ms. Sushama Poyekar for Respondent Nos.1 to 5 in FA/46/2018
and for Respondent No.1 in FA/297/2018 and for the Applicants
in IA/3765/2019 and IA/3766/2019.


                        CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 01st JULY, 2022.

P. C. :-

. This is an Appeal under section 173 of Motor Vehicles Act

challenging judgment and award dated 20/04/2017 in Motor Accident

Claim Petition No.556/2011 passed by MACT, Thane.

P.H. Jayani 10(A) FA46.2018.doc

2. The Respondent Nos.1 to 5 (hereinafter referred to as 'the

claimants') had filed petition under section 166 of Motor Vehicles Act

in view of the death of Sandeep Ranjane, in motor vehicular accident

on 25/05/2011. The case of the claimants was that the accident was

caused solely due to the rash and negligent driving by the driver of the

offending vehicle bearing No.MH43-E-4323 against Tavera car bearing

No.MH-04-BE-3380.

3. The claimants alleged that the deceased was 29 years of age. He

was working as a registered Clerk with an advocate and was earning

Rs.25,000/- per month. The claimants being the widow, minor

children and parents of the deceased alleged that the deceased was the

sole earning member and claimed total compensation of

Rs.40,00,000/-.

4. The Trial court considered the monthly income of the deceased at

Rs.13,000/- per month, added 50% towards future prospects, applied

multiplier of 17 and considering the number of dependents in the

family and deducted 1/4th towards personal expenses and computed

loss of dependency to Rs.29,83,500/-. The learned Judge also awarded

compensation of Rs.4,25,000/- on the other conventional heads and

P.H. Jayani 10(A) FA46.2018.doc

thus awarded total compensation of Rs.34,08,500/-. Being aggrieved

by this judgment, the Appellant - Insurance Company has filed this

Appeal.

5. Mr. Rahul Mehta, learned counsel for the Appellant states that

the challenge is only to the grant of future prospects. The issue

regarding future prospects is no more res integra. In National

Insurance Company Limited v/s. Pranay Sethi and ors. (2017) 16 SCC

680 , the Apex Court has laid down that while determining the income,

an addition of 50% of actual salary of the deceased should be made

towards future prospects when the deceased had a permanent job and

was below the age of 40 years. In the instant case, the deceased was a

permanent employee and he was 40 years of age. Considering the said

fact, the Tribunal has not committed any error in adding 50% of the

actual salary towards future income.

6. Under the circumstances, the Appeal has no merits and is

accordingly dismissed. The compensation deposited by the Appellant -

Insurance Company be paid to the claimants in the following

proportion :-

                       P.H. Jayani                                   10(A) FA46.2018.doc

                                     a)       The Tribunal shall pay 35% of the compensation

along with proportionate interest accrued thereon to the

claimant no.1, the widow of the deceased and 5% of the

compensation along with proportionate interest accrued

thereon be paid to the claimant no.4, the father of the

deceased.

(b) The claimant nos.2 and 3 are minors. Hence,

compensation of 30% each with proportionate interest

accrued thereon be invested in their respective names in

FDR in any nationalized bank until such time they attain

the age of majority.

7. Pending applications, if any, stands disposed of in view of

dismissal of the Appeal.

PREETI
H JAYANI                                               (SMT. ANUJA PRABHUDESSAI, J.)
Digitally signed by
PREETI H JAYANI
Date: 2022.07.16
18:35:29 +0530